Auctioneer.pdf

REQUEST FOR PROPOSAL

PD 24-25.116

AUCTIONEER

Escambia County

213 Palafox Place

Pensacola, FL 32502-5822

RELEASE DATE: June 30, 2025

DEADLINE FOR QUESTIONS: July 14, 2025

RESPONSE DEADLINE: July 22, 2025, 1:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/escambiacountyfl https://secure.procurenow.com/portal/%7bproject.government.code%7d

Escambia County

REQUEST FOR PROPOSAL

Auctioneer

1. Introduction

2. Scope of Work

3. General Terms and Conditions

4. Standard Insurance Requirements and Certificates

5. Insurance for Professional Services

6. Evidence/Certificates of Insurance

7. Evaluation Criteria & Process

8. Vendor Submissions

Request For Proposal #PD 24-25.116 Title: Auctioneer

1. Introduction

1.1. Summary

The Board of County Commissioners of Escambia County, Florida (County) is seeking proposals from interested and qualified firms with the ability to provide auctioneer services to include, but not limited to, the sale of heavy equipment, fire trucks, ambulances, vehicles, etc. The

County anticipates using the auctioneer(s) services 5 – 10+ times a year.

This Request for Proposal (RFP) is being released to invite interested and qualified firms to prepare and submit proposals in accordance with instructions provided that a successful candidate(s) will be selected and invited to enter into a contractual relationship with Escambia

County for the services outlined in this RFP (Agreement).

In this RFP, the terms Auctioneer, Proposer, Vendor, Contractor, Respondent, and Provider are used interchangeably unless the context indicates otherwise.

1.2. Background

Escambia County is the westernmost and oldest county in the state of Florida. The population was approximately 325,000 in 2022. The county seat and largest city is Pensacola. Escambia

County is included within the Pensacola Metropolitan Statistical Area. The County population has steadily increased as the City of Pensacola and the surrounding communities continue to grow with residential and commercial development. The County is part of the Northwest

Florida region of the state.

The County uses a variety of equipment to provide services to the citizens including, but not limited to, heavy equipment, fire trucks, ambulances, vehicles, jet skis, lawnmowers, and handheld construction equipment. Once the County surpluses items, the Auctioneer(s) will be required to conduct an auction or include the items in its next scheduled auction.

1.3. Contact Information

Kent Jensen

Purchasing Coordinator

213 Palafox Place, 2nd Floor

Pensacola, FL 32502-5822

Email: kmjensen@myescambia.com

Phone: (850) 595-4982

Department:

Purchasing

1.4. Timeline

Release Project Date June 30, 2025 mailto:kmjensen@myescambia.com tel:(850)595-4982

Pre-Solicitation Meeting (Non-Mandatory) July 8, 2025, 1:00pm

Microsoft Teams Meeting; Purchasing Small Conf

Rm 11.108 Phone 595-4942

Microsoft Teams https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N

2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2

/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

6-f7b8-4755-a254-bfa07774eb30%22%7d

Meeting ID: 276 647 158 609

Passcode: wf7a2Rv2

Dial in by phone

+1 863-333-5817,,630068784# United States, Lakeland

Find a local number

Phone conference ID: 630 068 784#

Question Submission Deadline July 14, 2025, 1:00pm https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_OGRmMDAzOWMtYzRiNy00N2M2LWI3MGUtYWRkZjUxZmMxM2Ix%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d

Submission Deadline July 22, 2025, 1:00pm

Microsoft Teams Meeting; Purchasing Small Conf

Rm 11.108 Phone 595-4942

Microsoft Teams https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjN hLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?

context=%7b%22Tid%22%3a%222c937adb-d946-

4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b2

6-f7b8-4755-a254-bfa07774eb30%22%7d

Meeting ID: 222 315 618 680 1

Passcode: Nm7Dq6dk

Dial in by phone

+1 863-333-5817,,647722302# United States, Lakeland

Find a local number

Phone conference ID: 647 722 302#

2. Scope of Work

2.1. Scope of Work

This Scope of Work (SOW) outlines the requirements and deliverables for providing auctioneer services.

1. Objectives o Once the County designates and delivers the items to the auctioneer, schedule the auction in a reasonable of time, or add items to regularly scheduled auctions.

o Maximize auction proceeds for each item auctioned.

2. Performance Metrics o The timeliness of auctioning items when delivered to the auctioneer o The marketing efforts for the County-owned items o The amount of money the County receives for the items

This Scope of Work is designed to ensure that the County maximizes its return on auctioned items.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjNhLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjNhLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjNhLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjNhLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjNhLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjNhLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_Nzk3OTNlNzctZWM3Yy00MjNhLWExOWQtMTg2MTViYTlmNzcz%40thread.v2/0?context=%7b%22Tid%22%3a%222c937adb-d946-4b31-90cc-a32f7d460fcd%22%2c%22Oid%22%3a%225d570b26-f7b8-4755-a254-bfa07774eb30%22%7d

2.2. Minimum Qualifications

To be considered for award of this contract, the successful Auctioneer(s) must meet the following minimum qualifications:

• Must be licensed and insured to conduct auctions

• Must have been an auctioneer for a minimum of five years

• Auction services location must be within 200 miles of Escambia County, Florida

2.3. Evaluation Criteria

The County has established specific evaluation criteria to assist the Evaluation Panel in scoring the RFP responses. The criteria below will be used to evaluate all RFPs.

Evaluation Category Available

Points

Qualifications & Experience 25

Operations 25

Financial Capability 20

Financial Proposal 30

Total Available Points 100

INTERVIEWS AND SHORT LISTING

The County reserves the right to conduct interviews or to proceed without conducting interviews. The purpose of interviews, if conducted, would be to provide Proposers an opportunity to clarify and expand upon aspects of their RFP response. An interview is not meant to be a presentation restating the response. Interviews also present the County an opportunity to evaluate key personnel and discuss issues of experience. All travel expenses to and from the interview or oral presentation shall be the responsibility of the Proposer.

SCORING

Scoring during the evaluation phase will be accomplished by using a “must system.” Under this system, after evaluating all RFPs, each member of the Evaluation Panel must award the maximum potential points designated for each evaluation category to at least one Respondent that best meets the criteria or requirements in the category. Each Evaluation Panel member, however, may also award the maximum potential points to other Respondents that, in the opinion of the Evaluation Panel member, demonstrate comparable quality in the category.

Once each Evaluation Panel member has completed scoring, the Evaluation Panel member’s scores will be converted to rankings (i.e., 1st, 2nd, 3rd, etc.). These rankings among Evaluation Panel members will then be averaged to determine the overall ranking.

2.4. Business Proposal

NOTE: Tab 8 - ADMINISTRATIVE REQUIREMENTS has vital information for this solicitation process and has forms that must be completed for proposals to be deemed responsive. Please make sure you review

Escambia County Required Forms and return all required information and forms in a separate tabbed section titled Tab 8 - Administrative Requirements, as instructed below.

Responses to this RFP must include all the information solicited in this RFP and may include additional data that the Respondent deems pertinent to the understanding and evaluating of the RFP. If any requested information is preceded by must, the Respondent must address the information in its response. Although Respondent may submit other information within the page limits or as exhibits/attachments (which evaluators are not required to review), Respondent should address the requested information as outlined in this section. Responses must be organized, and sections tabbed in the following order. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited.

Tab Title

1 Table of Contents

2 Cover Letter

3 Executive Summary

4 Qualifications & Experience

5 Operations

6 Financial Capability

7 Financial (Cost) Proposal

8 Administrative Requirements

Tab 1 – Table of Contents

Respondent should list elements of the RFP, as directed above, and identify any additional materials included in an appendix.

Tab 2 – Cover Letter (Limit – 3 pages)

Respondent must provide a summary including name, address, telephone number, fax number, email address, federal tax ID number, and name and title of contact person. If Respondent is a team, identify the members of the Respondent Team. Provide a description and organization chart of the legal structure of the Respondent Team and the legal nature of the business relationships among Respondent

Team members.

If a partnership, Respondent must state the full name, address and other occupation (if any) of each and every partner; whether he or she is full time or part time; whether each partner is a general or limited partner; and the proportionate share of the business owned by each partner. Respondent must provide a copy(ies) of the partnership agreement in an appendix.

If a joint venture or limited liability company, Respondent must state the names of the firms or individuals participating in the joint venture or limited liability company and the principal officers in each firm or names of the members of the limited liability company; and the proportionate share of the business owned by each joint venture, or the number of shares held by each member of the Limited

Liability Company. Include a copy of the joint venture agreement or Limited Liability Company's operating agreement in an appendix.

If a Corporation, Respondent must state the full name and title of each of the corporate officers. Also, include a copy of the Articles of Incorporation and Bylaws in an appendix. If the Respondent is a corporation, by the time a response is due, should the Respondent make the Short List, it must be certified with the Florida Secretary of State and have a corporate status in good standing. In the case of out-of-state corporation, it must present evidence of authority to do business in Florida.

If the Respondent is wholly owned by another entity, then provide sufficient information including an organization chart of the parent and upstream ownership entities for the County to understand the ultimate ownership and control.

Regardless of the structure of the entity, Respondent must provide sufficient information for the County to understand the ultimate ownership and control of Respondent. This must include information on any parent and upstream ownership entities, any voting rights and specific information on who has decision making authority for Respondent.

Auction Location

(miles from Escambia

County)

Dates of

Auction

Gross Financial

Guarantee, if

Provided

Average

Commission Paid by Client

Contact Brief Description (i.e., Type of equipment auctioned)

City, State MM/YY To

MM/YY

XXX/XXX Name

Entity

Title

Phone Number

E-Mail Address

Tab 3 – Executive Summary (Limit – 3 pages)

The Executive Summary should highlight the key features of the RFP response, the strengths of the

Respondent and explain the rationale for the specifics included in the RFP relative to the County’s objectives. Include the key members of Respondent including individual team members and any additional companies or entities. Resumes may be included in an appendix.

Tab 4 – Qualifications & Experience (Limit – 5 pages, not including the table)

This section is intended to inform the Evaluation Panel of Respondent’s experience and capabilities.

1. Describe the Respondent’s profile to include, but not limited to, the following:

o Date organized to provide auction services o Corporate organizational chart

2. Respondent must list and provide the information in the table below for a minimum of five (5) relevant auctions within the past five (5) years, as they relate to services like this proposal. The

Respondent must provide a client contact person, telephone number, and e-mail address for each client. If Respondent was dismissed from any of the listed auctions, Respondent must note such action and provide the reason for the dismissal (this may be provided in the last column).

See below for table format.

3. Respondent must provide a list of all accreditations, licenses, and other certification it currently possesses including type, accrediting agency, expiration date, etc. (may provide as an exhibit if lengthy).

4. Respondent must provide information for any litigation it, or its Team members, were a named party arising out of provision of auction services during the past five (5) years. The information should include, but not limited to, the following information:

o Title and jurisdiction of the litigation o Provide a descriptive summary for each case, e.g. nature of deficiency o Disposition of the litigation o Amount of damages awarded or settlement amount

5. Respondent should provide at least four (4) references other than the contacts listed in the above table. For each reference, Respondent must provide the business name, contact person, title, and telephone number.

Tab 5 – Operations (Limit – 5 pages`)

This section is intended to inform the Evaluation Panel of Respondent’s plan to provide services requested in this RFP. Respondent must demonstrate its ability to manage and support auctions the

County may utilize.

1. Specify where the auctions will take place, provide of the description of the auction site.

2. Describe how items to be auctioned will be safeguarded while in Auctioneer’s possession.

3. Provide the marketing strategy the Auctioneer uses to attract the most number of participants.

4. Describe how the auction proceeds are transferred to the County after auction? This must include a timeline of when the County can expect to receive it.

Tab 6 – Financial Capability

This section is intended to inform the Evaluation Panel of Respondent’s financial capability for financial responsibility to cover County assets in the Auctioneer’s possession through auction and payment to

County of it’s the share of auction proceeds.

1. Respondent must provide financial statements including the elements described below. All financial statements must either be audited and certified by a licensed public accountant or if unaudited, then accompanied by a notarized statement from the Chief Financial Officer certifying the accuracy of the financial information contained in such statements.

o Audited financial statements including a balance sheet, income statement and statement of cash flows, prepared in accordance with generally accepted accounting principles (GAAP), for the most recent three (3) complete fiscal years. Footnote disclosures and the accountants audit report must accompany the financial statements. If the most recent audited statements are for a period ending more than six months prior to the due date for the RFP response, then supplement your response by submitting unaudited year to date financial statements. If audited statements are not available for Respondent, then so state and submit unaudited statements for the equivalent time periods, accompanied by a notarized statement from Respondent’s Chief Financial Officer certifying the accuracy of the financial information contained in such statements.

o A signed statement from the Chief Financial Officer stating that there has been no material change in the financial condition of the company after the issuance of the last audited financial statements.

o If a Respondent Team is responding to this RFP and intends to organize as a partnership, limited liability partnership or joint venture or limited liability company, then the above-referenced financial information of each general partner, joint-venture member, or LLC member respectively, must be submitted. Individuals required to provide financial information must submit their three most recent personal tax returns and a current statement of net worth.

2. The County reserves the right to request additional information from Respondent or

Respondent Team to determine its financial capability.

3. Provide three financial references.

Tab 7 – Cost Proposal

1. Respondent must provide its list of commission percentages, fees, and optional charges, services rendered, etc., that it will require the County to pay. All fees and percentages must be in

U.S. dollars.

2. Respondent must describe its process for determining the auction value for items to maximize the proceeds the County may anticipate to receive.

3. Describe any types of guarantees the Auctioneer may provide.

Tab 8 – Administrative Requirements

Documents and information from the Vendor submission section.

3. General Terms and Conditions

The following General Terms and Conditions are incorporated by reference and have the same legal effect as if printed in its entirety.

A full textual copy of these conditions may be obtained by visiting the Office of Purchasing web site (see

Bid information below), by telephoning the Office of Purchasing at 850-595-4980, by Fax at 850-595-

4806, or by email at purchasing@myescambia.com.

Note: Any and all Special Terms and Conditions, and any specifications referenced within the solicitation, which varies from these General Terms and Conditions shall have precedence. Submission of the Bidder’s/Proposer’s Solicitation, Offer, and Bid/Proposal Form(s) in accordance with these

General Terms and Special Terms and Conditions constitutes an offer from the Offeror. The conditions incorporated herein become a part of the written Agreement between the parties.

mailto:purchasing@myescambia.com

Any and all supplemental Solicitation Terms and Conditions provided in section III above and the specifications referenced within the solicitation which vary from these General Terms and Conditions shall have precedence. Submission of an offer in accordance with these General Terms and Conditions and

Supplemental Terms and Conditions constitutes a binding offer from the offeror. The terms and conditions incorporated herein will become a part of the written agreement between the parties.

Prospective offerors may utilize the Office of Purchasing Home Page to obtain Vendor Information and

Solicitation Information, including Bid/Proposal Tabulations, Recommended Award(s), etc. In order to participate in a solicitation, offerors must establish an account via the e-procurement portal of the

County’s vendor management software hosted by OpenGov. Once the vendor registration is completed, the offeror will receive all notifications relating to the relevant solicitation via e-mail to the address registered with the account.

1.Sealed Solicitations: All solicitation forms shall be executed and submitted in the e-procurement portal of the County’s vendor management software. The file name shall contain the solicitation number and title and the contractor/vendor’s name. All solicitations are subject to the terms and conditions specified herein. Solicitation offers which do not comply with these terms and conditions are subject to rejection.

2.Execution of Solicitation: Solicitation forms shall be manually or electronically signed by an authorized representative in the space provided. Persons signing on behalf of a corporate entity must be identified as President or Vice President with the records on file with the Florida Division of Corporations or otherwise authorized by corporate resolution of the Board of Directors. Persons signing on behalf of a limited liability company must be identified as a managing member or other authorized representative with the records on file with the Florida Division of Corporations.

3.No Offer: If not submitting an offer, respond by selecting the “NO BID” option in the e-procurement portal of the County’s vendor management software, specify the reason in the drop-down menu, and confirm the “NO BID” before the expiration of the Submission Deadline.

4. Conduct of Participants: The following policy will apply to all solicitations:

Conduct of Participants.

After the issuance of any solicitation, all bidders/proposers/protestors, or individuals action on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County official, their agents or employees, or any member of the relevant Selection Committee at any time during the blackout period as defined herein;

provided, however, nothing herein shall prohibit bidders/proposers/ protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the

Purchasing Manager.

Definitions.

Blackout Period means the period between the time the bids/proposals for Invitations to Bid or the Request for Proposal, or Qualification, or Information, or Request for Letters of Interest, or the Invitation to Negotiate, as applicable, are received at the Escambia County Office of

Purchasing, and the time the Board awards the Contract and any resulting bid protest is resolved or the solicitation is otherwise cancelled.

Lobbying means the attempt to influence the thinking of elected County officials, their agents or employees, or any member of the relevant Selection Committee, for or against a specific cause related to a pending solicitation.

5. Additional Terms and Conditions: No additional terms and conditions included with the offer will be considered, and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this solicitation. It is understood and agreed that the General and Supplemental Terms and

Conditions in this solicitation are the only terms and conditions applicable to this solicitation, and the contractor’s authorized signature affixed to the offer attests to this.

6. Mistakes: Contractors are expected to examine the specifications, delivery schedule, solicitation prices, extensions, and all instructions pertaining to supplies and services described in the solicitation. Failure to do so will be at contractor’s risk. In the event of an error in the extension of the unit price, the unit price will govern.

7. Prices: All offers shall include firm unit prices that include all packing, handling, shipping charges, and delivery to any point within Escambia County, Florida.

a. Discounts: Discounts for prompt payments shall not be considered when determining the lowest net cost for solicitation evaluation purposes except in cases of tie solicitations.

9. Product Literature: Offeror shall provide a copy of any relevant product literature and price list(s) with the offer.

10. Abnormal Quantities: Should any unusual or abnormal quantity requirements arise, the County reserves the right to solicit separate offers as a multiple award.

11. Additional Quantities: For a period not exceeding one hundred eighty (180) days from the date of the offer, the County reserves the right to purchase additional quantities at the prices offered in this solicitation. If additional quantities are not acceptable, the contractor must specify “OFFER IS FOR

SPECIFIED QUANTITY ONLY”.

12.Approved Equivalents: Any manufacturer’s name, trade name, brand name, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The contractor may offer any brand for which it is an authorized representative that meets or exceeds the specifications for any item(s). Customary measurements appearing in these specifications are not intended to preclude offers for commodities with metric measurements. If an offer includes equivalent products, indicate the manufacturer’s name and number. The contractor shall submit with its offer applicable cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous solicitation will not satisfy this provision. Escambia County reserves the right to determine acceptance of item(s) as an approved equivalent. Offers that do not comply with these requirements are subject to rejection.

13. Nonconformance to Specifications: Items may be tested for compliance with the contract specifications by a testing laboratory acceptable to the County. The County may require the contractor to reimburse all costs incurred by the County in connection with the examination or testing of the commodity, including costs relating to transporting the commodity samples to the testing site, actual test costs, personnel costs and other applicable costs should the items fail testing. The data derived from any tests for compliance with the contract specifications are public records and open to examination in accordance with Chapter 119, Florida Statutes. Items delivered that do not conform to the contract specifications may be rejected and returned at contractor’s expense. These items and items not timely delivered by the delivery date specified in the solicitation and/or purchase order may result in the contractor being found in default, in which event, any and all re-procurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in contractor’s name being removed from the Office of Purchasing registered vendor list, and the County not doing business with the contractor until such time as the County has been reimbursed for all re-procurement costs.

14. Service and Warranty: Unless otherwise specified, the offeror shall define any warranty service and replacements that will be provided at no cost to the County during and subsequent to the contract term.

15. Condition and Packaging: All items shall be a new, current standard production model available at the time of the solicitation. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging.

16. Safety Standards: Unless otherwise stipulated in the solicitation, all manufactured items and fabricated assemblies shall comply with applicable requirements, standards, and regulations of the

Occupational Safety and Health Act (OSHA).

17. Delivery: Delivery shall be Monday through Friday during regular business hours, excluding County designated holidays, unless otherwise specified. Unless a date is specified, contractor must provide the number of days required to make delivery after receipt of purchase order. The County may utilize delivery time as a factor for recommending the award.

18. Inspection, Acceptance and Title: Inspection and acceptance will be at “the place of destination” unless otherwise provided. Title and risk of loss or damage to all items shall be the responsibility of the contractor until accepted by the County, unless loss or damage results from negligence by the County.

The contractor shall be responsible for filing, processing, and collecting all damage claims.

19. Samples: Samples of items shall be furnished at no expense to the County. If not destroyed and upon written request, samples will be returned at the contractor’s expense. Each sample shall be labeled with the contractor’s name, manufacturer’s brand name, and serial number (as appropriate), solicitation number, and item reference. Requests to return samples must be received within 10 days after the solicitation opening date and must be accompanied by instructions with the applicable shipping authorization number and name of carrier. If instructions are not received, sample items become the sole property of the County and may be disposed of at the County’s discretion.

20.Submission Deadline; Solicitation Opening: The solicitation opening shall be public and, unless otherwise stated in the solicitation, immediately following the Submission Deadline. Offers that are not timely submitted in the e-procurement portal of the County’s vendor management software will not be considered.

21.Award: The County reserves the right to waive any informalities and accept or reject any and all offers and to make award to the lowest most responsive and most responsible offeror(s) whose offer meets the requirements and criteria set forth in the solicitation and whose award will, in the opinion of the County, be in the best interest of and most advantageous to the County.

22. Protests: Any actual bidder/proposer who is aggrieved in connection with a pending award may submit a protest in writing to the Purchasing Director within two business days after the posting of the award recommendation as provided in Sec. 46-101, Escambia County Code of Ordinances.

23. Solicitation Expenses: The County accepts no responsibility for any expenses incurred by the offeror in the solicitation preparation and submittal as well as any other requirements as may be specified in the solicitation. All such expenses are borne solely by the offeror.

24. Taxes. Escambia County does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does not apply to the purchases of tangible personal property by contractors who use the tangible personal property in the performance of contracts for the improvement of County owned real property.

25.Invoicing and Payment. Payments shall be made in accordance with the Local Government Prompt

Payment Act, §§218.70, et seq., Florida Statutes, as amended.

26. Improper Invoice; Resolution of Disputes: Improper invoices for construction services and non-construction services will be processed in accordance with Sections 218.735(2)-(5) and 218.736(1), Florida

Statutes, respectively. In the event a dispute occurs between a contractor and the County concerning payment of an original invoice, such dispute shall be finally determined by the County pursuant to the

County’s Dispute Resolution Procedure established in accordance with Section 218.76(2), Florida Statutes.

27. Conflict of Interest: The offeror represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The offeror further represents that no person having any such interest shall be employed by it during the agreement term and any extensions. The offeror shall promptly notify the

Purchasing Director, in writing, of any potential conflict of interest which may influence or appear to influence the contractor’s judgment or quality of services.

28. Contingent Fees: The offeror warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the offeror to solicit and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the offeror any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of an agreement. For the breach or violation of this provision, the

County shall have the right to terminate any resulting contract without liability and at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

29. Code of Ethics; Gifts: The award hereunder is subject to the provisions of Chapter 112, Part III, Florida

Statutes, regarding the Code of Ethics for Public Officers and Employees, and the Escambia County Code of Ethics Policy. Contractors are required to promptly disclose to the Purchasing Director any gifts or gratuities offered to or solicited by any County employee or public officer. The right of the Contractor to proceed may be terminated by the County if, after notice and hearing, the Purchasing Director determines that the Contractor, its agent, or another representative offered or gave a gratuity, including, but not limited to, money, services, travel, entertainment, or gifts to an officer, official, or employee of the County under circumstances where it may be reasonably inferred that the action of the Contractor was intended to obtain a contract or favorable treatment under a contract. If the resulting contract is terminated under this clause, the County will be entitled to pursue the all available legal remedies, including an action for breach of contract. The rights and remedies of the County provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

30. Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items prior to delivery, it shall be the responsibility of the contractor to provide written notice to the Office of Purchasing identifying the applicable restrictions or regulation(s) that necessitate the alteration. The County reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County.

31. Legal Requirements: This solicitation shall be conducted in accordance with the provisions of the

Escambia County Purchasing Ordinance, and all applicable laws and regulations of the State of Florida and the Escambia County Code of Ordinances shall apply to any resulting contact. Applicable provisions of all federal, state, and local laws, ordinances, rules, and regulations shall govern development, submittal, and evaluation of all offers received in response hereto and shall govern any and all claims and disputes which may arise regarding this solicitation or any resulting contract; and lack of knowledge by any offeror shall not constitute a cognizable defense against the legal effect thereof.

32. Compliance with Laws. The contractor agrees to comply with all applicable federal, state and local laws, rules, policies, or guidelines related to this offer and the performance of any resulting contract, including, but not limited to, the requirements of the Americans with Disabilities Act (ADA), the

Occupational Safety and Health Act (OSHA), the Equal Employment Opportunity (EEO) Act, and the Illegal

Immigration Reform and Immigrant Responsibility Act, as amended, (8 U.S.C.A. §1324a).

33. Patents and Royalties: In addition to any other indemnification obligation, the contractor shall hold harmless, indemnify and defend the County and its officers, agents, and employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by the offeror. The contractor has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the

County’s alteration of the article. The County will provide prompt written notification of a claim of copyright or patent infringement and will afford the contractor full opportunity to defend the action and control the defense.

Further, if such a claim is made or is pending, the contractor may, at its option and expense, procure the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the County agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood that the offered prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

34.Public Records: Any documents submitted in response to this solicitation may be subject to disclosure pursuant to the provisions of Florida’s Public Records Act, Chapter 119, Florida Statutes. Contractor waives any claim of confidentiality upon submission of its offer. Records that are exempt or exempt and confidential will not be disclosed to any third-party except as authorized by law. Pursuant to Section

119.071 (1)(b)-2., Florida Statutes, sealed bids, proposals, or replies received by the County pursuant to a competitive solicitation are exempt from public disclosure until such time as the County provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

35. Equal Employment Opportunity: In the performance of the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical handicap.

36. Florida Preference: Pursuant to Section 287.084, Florida Statutes, and Sec. 46-105, Escambia County

Code of Ordinances, when the lowest most responsible and most responsive offer is by an offeror whose place of business is in a state which grants a preference for the purchase of personal property to a person whose place of business is in such state then the preference may be given to the lowest most responsible and most responsive offeror having a place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest most responsible and most responsive offeror has his place of business. However, this section shall not apply to projects for which federal aid funds are available. This section may be waived by the Board of County Commissioners.

All solicitations shall require any offeror whose place of business is outside the State of Florida to accompany any written bid/proposal form with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its business entities whose places of business are in that foreign state in the letting of any or all public contracts. The failure of any such offeror to accompany its bid/proposal forms with such a written opinion may result in the rejection of the offer submitted by such offeror.

37. Contractor Personnel: The County shall, throughout the term of the contract, have the right of reasonable rejection and approval of staff or subcontractors assigned to the work by the contractor. If the

County reasonably rejects staff or subcontractors, the contractor shall provide replacement staff or subcontractors satisfactory to the County in a timely manner and at no additional cost to the County. The day-to-day supervision and control of the contractor’s employees and subcontractors is the sole responsibility of the contractor. Contractors who are suspended or debarred are prohibited from subcontracting.

38. Public Entity Crimes: Pursuant to Section 287.133(2), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer on a contract to provide any goods or services to a public entity, may not submit an offer on a contract with a public entity for the construction or repair of a public building or public work, may not submit offers on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. The Sworn Statement on Public Entity Crimes must be completed and submitted with the offer.

Information as provided may be verified through the State of Florida.

39. Scrutinized Companies: Pursuant to Section 287.135, Florida Statutes, a company is ineligible to bid on submit a proposal for, or enter into or renew a contract for goods or services of any amount if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, or is engage in a boycott of Israel or bid on submit a proposal for, or enter into or renew a contract for goods or services of one million dollars or more if on the Scrutinized Companies with activities in Sudan

List or the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 or is engaged in business operations in Cuba or Syria. The Scrutinized Companies

Certification must be completed and submitted with the offer. If the Contractor is found to have submitted a false certification or subsequently fails to maintain compliance, the contract may be terminated for cause.

40. Prohibition Against Considering Social, Political, Ideological Interests: Pursuant to Section 287.05701, Florida Statutes, the County will not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor. In addition, the County may not give preference to any vendor based on the social, political, or ideological interests of the vendor.

41. Suspended and Debarred Vendors: Offers shall be received from only those contractors who are presently in good standing on the County’s vendor list. By submitting an offer, the contractor certifies that it is not currently suspended or debarred from submitting offers for contracts issued by any political subdivision or agency of the State of Florida or the federal government; and that it is not an agent of a person or entity that is currently suspended or debarred from submitting offers for contracts issued by any political subdivision or agency of the State of Florida or the federal government.

42. Drug-Free Workplace: Pursuant to Section 287.087, Florida Statutes, whenever two or more offers that are equal with respect to price, quality, and service are received by the County for the purchase of commodities or contractual services, an offer received from a business that certifies it has implemented a Drug-Free Workplace Program shall be given preference in the award process.

43. License and Certifications: Before submitting an offer, the offeror shall have met the applicable licensing, certification, and any other requirements of the state, county, city and/or other agency of authority with jurisdiction in such matters and must provide copies of documentation which evidence such qualifications with the response to this solicitation, and the offeror shall maintain such credentials throughout the term of the contract. Offeror will provide a copy of a current certificate of authority from the Secretary of State authorizing the company to do business in the State of Florida or other evidence of legal authority to do business in the state, county, city and/or any other agency of authority with the response to this solicitation. The County may allow this responsiveness issue to be cured after submission of the offer within a reasonable period of time and prior to any recommendation for award. Offeror will also provide a copy of the current business tax receipt in accordance with the requirements of Chapter

205, Florida Statutes, and Chapter 90, Article III, Sec. 90-91 through 90-95 relating to Local Business Taxes.

Failure to provide such evidence may render the offer non-responsive.

44. E-Verify: In accordance with Section 448.095, Florida Statutes, Contractor shall register with and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of all new employees hired by Contractor during the contract term and shall expressly require any subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the

E-Verify System to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. If Contractor enters into a contract with a subcontractor performing work or providing services on its behalf, Contractor shall also require the subcontractor to provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The resulting contract may be subject to termination if the Contractor fails to maintain compliance.

45.Contract Documents: This solicitation shall be included and incorporated in the final contract and purchase order. The order of precedence for the contract documents will be the contract, purchase order, solicitation, and contractor’s response. Any and all legal action necessary to enforce the contract will be held in Escambia County, and the contract will be interpreted according to the laws of Florida.

46. Uniform Commercial Code: Chapter 672, Florida Statutes, the Uniform Commercial Code shall prevail as the basis for contractual obligations between the awarded vendor/contractor and Escambia County for any terms and conditions not specifically stated in this solicitation and the relevant contract documents.

47. Default: Failure to perform in accordance with the terms of this solicitation and resulting contract may constitute a material default and grounds for termination with any and all re-procurement costs charged against the awarded contractor. In addition, contractor’s name may be removed from the Office of

Purchasing registered vendor list; and the County will not do business with the contractor until the contractor may be reinstated to the vendor list in accordance with the County Purchasing Ordinance.

4. Standard Insurance Requirements and Certificates

This offer contains an extensive insurance requirement. Offerors are encouraged to review these requirements with their insurance agents before submitting offers.

It is not necessary to have this level of insurance in effect at the time of submitting the offer.

A letter from the offeror’s insurance carrier will be required as evidence that the offeror will be able to obtain the level of insurance as required by the contract and indicated on the Sample Certificate of

Insurance should your firm be awarded the contract.

A. General Insurance Provisions

The Offeror shall procure and maintain the following described insurance, except for coverages specifically waived in writing by the County. Such policies shall be from insurers with a minimum financial size of VIII (8) according to the latest edition of the AM Best Rating Guide. An “A” or better Best

Rating is preferred, however, other ratings may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by…